Posted on 05/10/2020 1:30:57 PM PDT by Brookhaven
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It must be a premeditated KILLING.
Robbing a store is a premeditated act.
Shooting the cashier, because he suddenly pulled a gun from under the counter wouldn't be a premeditated KILLING though.
It would be murder--felony murder in GA: the illegal killing of a person during the commission of a crime; the killing does not have to be premeditated.
O.C.G.A. 17-4-60 (2010)
17-4-60. Grounds for arrest
A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.
GA Code § 16-7-1 (2014)
(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another. A person who commits the offense of burglary in the first degree shall be guilty of a felony
The father knew the guy, I do not know if the son knew the guy. Or if the father told him about the guy, could have happened.
Could be premeditated if they were hunting him down to “arrest” him.
Citizen’s arrest are very rare outside of shopping malls/stores. And the only purpose of Citizen’s arrest is to block the perp from leaving the scene.
It gives no one the right to hunt down and hold at gun point someone you thought trespassed on a construction site.
There was no self defense. The moron put himself in danger.
I take it you didn’t see Abery run toward the truck in the video.
That’s nice
What crime did McMichaels witness? Because they both claim they didn’t witness any crime but was told about him trespassing on a construction site (house under construction)
That gives neither of them the license to pursue Arbery.
Honestly, they were better off just leaving the police work, to the police
He was between two trucks, if he came to the camera man, he was in Truck number 2 who was also in pursuit of Arbery.
Truck number 1 passed him, Truck number 2 was behind him.
To continue his “jog” he passed Truck number 1.
Again, neither had the right to block his passage on the public street.
“The slowest, dullest juror will be made to understand that Arbery initiated the physical contact by charging the armed son and attempted physically to take the son’s shotgun from him”
The first shot was fired while Arbery was obscured by the truck.
“That would be your right...as self defense would also be your right.”
Did Arbery have the right of self defense against the two armed men who were chasing him?
Finally someone who can read and grasp the germane sections of GA law that pertain to this case. All of the other emotionally driven “legal experts” should go study law and pass the bar. “Close proximity is established by the new video footage of the felony burglary committed by the victim Ahmaud Arbery. Citizens arrest would have been justified and in doing so carrying a long gun is also permissible under GA law. Ahmaud can be seen attacking the man with the gun, striking the man and attempting to gain possession of the gun. The man with the gun was justified under GA law to use the gun in self defense. Case closed.
That’s been my take on some of these threads where people believe it’s entirely a premeditated killing, if you overcharge the shooters can walk because they don’t appear to meet the definition of the charge.
A couple of questions.
1. Who owns the house that was under construction?
2. Did the trespasser go through the house and have equipment piled up to pick up later that night?
3. Using the jogger’s phone, did he ever run this path before?
How over charged?
They’ve been charged with felony murder
It was not self defense
“ ...Citizens arrest would have been justified and in doing so carrying a long gun is also permissible under GA law....”
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Quite correct. And, further, open carry is the law in Georgia so folks can open carry whether trying to do a citizen’s arrest or not.
Sorry, Citizen’s arrest doesn’t give you the right to chase down a man, yell at him that you “just want to talk”, while toting guns, get out of your vehicle to fight the man, get upset when the man was beating you, and shoot the man and then get to claim Self Defense for an illegal police action that you created and didn’t go your way.
None of that was supported in the the laws that dusty road posted. In fact, it proves my point and others on here who are saying the aggressor was in the wrong and should be in prison.
“Did Arbery have the right of self defense against the two armed men who were chasing him?”
But they said “Citizen’s Arrest! Citizen’s Arrest!”
They didn’t perform a citizen’s arrest
And that is the problem
At least in this situation it doesn't appear that racism was the motive.
And the McMichaels had neither.
They didn't witness the offense.
They didn't have immediate knowledge. Meaning nobody that witnessed the event told them "I just saw that man rob a house."
They said the "looked like" someone who had been robbing houses. What they had was a suspicion, not immediate knowledge.
‘If by “get off” he means found to be NOT GUILTY because it was self defense, he would be right.’
he’s right about them being overcharged with murder; but it could be argued that they were committing a crime by chasing this guy down when a citizen’s arrest is unjustified...there is no way they got off on self defense, ridiculous to even bring it up...
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